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HomeMy WebLinkAboutContract CAG-19-059 GCB 2433 Coordinator Agreement City of Renton 1-405 — Renton to Bellevue Widening and Express Toll Lanes Project THIS Agreement (Agreement) is entered into by the City of Renton (CITY) and the Washington State Department of Transportation (WSDOT), collectively referred to as the "Parties" and individually referred to as "Party." Recitals 1. WSDOT, in the interest of providing congestion relief in the 1-405 Corridor, proposes improvements along 1-405 in a project known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes project (Project). 2. WSDOT will construct the Project using the design-build method of project delivery. 3. The design-build method of project delivery moves faster than in the typical design-bid- build method of project delivery; therefore, expedited CITY review of the design elements will be required.; and 4. The CITY does not have sufficient staff resources for the review and coordination of the Project design elements within the expedited time frames of this Project without retaining a CITY Project Coordinator. 5. The Parties deem it beneficial to have a CITY Project Coordinator to serve as a liaison for the CITY to coordinate and expedite review of Project submittals. 6. WSDOT is committed to reimburse the CITY for costs that are directly related to services rendered solely for the Project by a CITY Project Coordinator. NOW, THEREFORE, pursuant to Revised Code of Washington (RCW) 39.34.080, which authorizes a public agency to contract with another public agency to perform any governmental service that each public agency is authorized to perform, and in consideration of the terms, conditions, covenants, and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1.0 DESIGNATED REPRESENTATIVES 1.1 The CITY Project Coordinator will serve as the CITY's Project liaison. 1.2 WSDOT's 1-405 Project Engineer will serve as the WSDOT's Project liaison. 2.0 GENERAL 2.1 WSDOT and the CITY agree that it is to the benefit of both Parties for WSDOT to fund the temporary position of CITY Project Coordinator, in order to facilitate communication and coordination between WSDOT and the CITY. 2.2 The individual serving in the capacity of CITY Project Coordinator shall be a Civil Engineer III or greater. GCB 2433 City of Renton Project Coordinator Page 1 of 6 2.3 The CITY shall consult with WSDOT on its choice of the individual chosen to serve as the CITY Project Coordinator. WSDOT shall have the authority to reject the individual the CITY has chosen to fill the CITY Project Coordinator position. 2.4 The CITY may not replace the individual serving in the capacity of CITY Project Coordinator without first receiving the written authorization of WSDOT. 2.5 The CITY Project Coordinator shall consult with WSDOT's 1-405 Project Engineer, on a basis to be mutually agreed upon by WSDOT's 1-405 Project Engineer and the CITY, for the purpose of Project activity and priority direction. 2.6 WSDOT shall only fund those hours worked by the CITY Project Coordinator for activities directly related to the Project. All other hours not directly related to the Project worked by the person serving as CITY Project Coordinator shall be paid by the CITY. 2.7 The Parties agree that WSDOT shall pay an all-inclusive flat-rate for work by the CITY Project Coordinator, as outlined in Section 7.0. 2.8 The CITY may require the CITY Project Coordinator to work in excess of forty (40) hours per week. Even if the CITY Project Coordinator works more than forty (40) hours per week on Project-related activities, the CITY shall bill WSDOT, to the nearest fifteen (15) minute increment, at the agreed upon all-inclusive flat-rate outlined in Section 7.0. 2.9 In the event the CITY Project Coordinator is absent, the CITY will assign a designee to act in the stead of the CITY Project Coordinator. The designee shall also be subject to the terms and conditions of Section 2.2. The CITY's designee acting on behalf of the CITY Project Coordinator shall serve no more than ten (10) consecutive business days without WSDOT approval. If the CITY Project Coordinator is absent for more than ten (10) consecutive business days, the CITY shall name a replacement, temporary or otherwise, subject to the terms and conditions outlined in Sections 2.2, 2.3, and 2.4. 2.10 If WSDOT is unable to resolve to its satisfaction a dispute regarding the CITY Project Coordinator, upon following the dispute resolution process specified in Section 8.0, the WSDOT shall have the authority to request a replacement to fill the CITY Project Coordinator position. 2.10.1 WSDOT's written request for replacement shall be submitted to the CITY, and the CITY shall have thirty (30) calendar days to comply. The CITY shall name a replacement CITY Project Coordinator subject to the terms and conditions outlined in Sections 2.2 and 2.3. 2.10.2 In the event that the CITY does not comply within thirty (30) calendar days, this Agreement shall be considered terminated and the Parties will be released from any further obligations under this Agreement. 3.0 CITY RESPONSIBILITIES 3.1 The CITY agrees to pay the CITY Project Coordinator and administer all employee benefits in accordance with the CITY's employment policies. GCB 2433 City of Renton Project Coordinator Page 2 of 6 3.2 The CITY agrees that the CITY Project Coordinator shall be required to submit a monthly activity report to the WSDOT of actual hours worked performing the tasks listed in Section 5.0. The activity report shall include an accounting of specific activities performed to accomplish the tasks listed in Section 5. The activity report shall be submitted to the WSDOT by the fifteenth (15) day of the month following any month in which the CITY Project Coordinator had at least fifteen (15) minutes of work to report. WSDOT will review the hours worked and, if accurate, will approve reimbursement to the CITY at the mutually agreed upon rate identified in Section 7.1. 3.3 The CITY Project Coordinator will be responsible for facilitating all Project-related communication between WSDOT and CITY staff as well as expediting CITY review of all Project-related submittals. This coordination of efforts with WSDOT will take place through WSDOT's 1-405 Project Engineer. 4.0 WSDOT RESPONSIBILITIES 4.1 WSDOT's 1-405 Project Engineer, or designee, will be responsible for facilitating all Project-related communication between the CITY Project Coordinator and WSDOT staff as well as providing Project-related submittals to the CITY Project Coordinator. This coordination of efforts with the CITY will take place through the CITY Project Coordinator. 5.0 SCOPE OF WORK 5.1 The CITY Project Coordinator shall serve as a liaison between WSDOT's 1-405 Project Engineer and CITY staff. 5.2 The CITY Project Coordinator shall represent the CITY in design-build task force meetings and ongoing informal reviews during the design and construction of the Project, which is estimated to be between April 2019 and December 2024. The CITY Project Coordinator shall be responsible for informing the appropriate CITY staff of discussions and decisions made at task force meetings and distributing agendas and meeting minutes prepared by WSDOT. 5.3 The CITY Project Coordinator shall circulate Project submittals to appropriate CITY staff and ensure timely CITY review. The CITY Project Coordinator shall be responsible for expediting those reviews, with the goal of limiting the CITY's Project submittal review period to the specific timeframes and conditions agreed upon in Section 3.0 of GCB 2476. 6.0 SUPERVISION AND INDEPENDENT CAPACITY 6.1 The CITY Project Coordinator engaged in the performance of this Agreement shall continue to be an employee of the CITY and shall not be considered, for any purpose, to be an employee of WSDOT. 6.2 The CITY shall be responsible for the supervision of the CITY Project Coordinator. 7.0 PAYMENT 7.1 WSDOT, in consideration of the faithful performance of work to be done by the CITY Project Coordinator or authorized designee, agrees to pay the CITY an all-inclusive flat- rate of Eighty Dollars ($80) per hour, which includes all costs and benefits outlined in Sections 7.2 and 7.3, for a Civil Engineer III or higher. The all-inclusive flat-rate shall be billed, to the nearest fifteen (15) minute increment, for all hours worked in order to perform the specific tasks listed in Section 5.0. The Eighty Dollars ($80) per hour all-inclusive flat- rate shall serve as full compensation to the CITY for each hour of work performed by the GCB 2433 City of Renton Project Coordinator Page 3 of 6 CITY Project Coordinator, up to a maximum of three thousand (3000) hours. The hours may be adjusted or increased based on the contract duration and as mutually agreed by both Parties. 7.4 shall be amended accordingly by adjustment to 7.1 7.2 The Parties agree that the all-inclusive flat-rate shall be considered to include, but not be limited to, all costs associated with administrative costs, travel expenses, overtime, as well as medical insurance, retirement contributions, sick leave and vacation, and labor and industry payments. The CITY shall bear all actual costs of employing the CITY Project Coordinator that may be higher than the rate identified in Section 7.1. 7.3 The Parties agree that the all-inclusive flat-rate shall be considered to include all direct or indirect costs for materials and supplies necessary for performance of the position. Additionally, the all-inclusive flat-rate shall be considered to include, but not be limited to, auto and travel expenses, lodging, use of computer equipment, office space rental and utilities, office supplies, copy machines, or any other material costs. All costs necessary for performance of the position that may exceed the all-inclusive flat-rate shall be borne solely by the CITY. 7.4 The maximum amount payable by WSDOT to the CITY under this Agreement is Two Hundred Forty Thousand Dollars ($240,000). 7.5 The CITY agrees to submit, not more than once a month, a billing to WSDOT summarizing the hours worked each day by the CITY Project Coordinator. The monthly activity report listed in Section 3.2 of this Agreement shall be submitted as an attachment to the monthly billing. 7.6 Upon receipt of the monthly billing and the accompanying activity report, and upon WSDOT concurrence of the hours worked, the WSDOT agrees to reimburse the CITY within thirty (30) calendar days of receipt of an approved invoice. 8.0 DISPUTE RESOLUTION 8.1 In the event that issues arise regarding the CITY Project Coordinator that are not addressed in this Agreement, the Parties agree to work quickly and collaboratively to determine a resolution using the following guidelines. 8.1.1 Informal Resolution. The informal resolution process begins at the staff level and is raised to higher organizational levels, if necessary. The levels of resolution are described below. 8.1.1.1 The CITY's Project Coordinator and the WSDOT's 1-405 Project Engineer shall jointly cooperate to informally resolve any dispute as quickly and efficiently as possible. 8.1.1.2 If unresolved, the CITY's Deputy Public Works Administrator and the WSDOT's 1-405 Construction Manager shall jointly cooperate to informally resolve any dispute as quickly and efficiently as possible. 8.1.2 Written Notice. If the dispute cannot be resolved at any of the levels described above, the CITY's Public Works Administrator and the WSDOT's 1-405 Project Director shall notify each other in writing of any dispute needing resolution. GCB 2433 City of Renton Project Coordinator Page 4 of 6 8.2 Each Party agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays and minimize costs. 9.0 INDEMNIFICATION 9.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees, authorized agents, and/or contractors while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) WSDOT, its employees, authorized agents, or contractors and (b) the CITY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees, authorized agents, and/or contractors. 9.2 WSDOT and the CITY agree that their obligations under this Section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Parties, by mutual negotiation, hereby waive, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 9.3 This indemnification and waiver shall survive the termination of this Agreement. 10.0 AMENDMENT 10.1 This Agreement may be amended or modified only by mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 10.2 Either Party may request modifications to this Agreement. Such modifications shall be mutually agreed upon by written amendments and/or supplements to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 11.0 ALL WRITINGS CONTAINED HEREIN 11.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 12.0 GOVERNANCE 12.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws of the State of Washington and applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 13.0 EFFECTIVENESS AND DURATION 13.1 This Agreement is effective upon execution by both Parties and will remain in effect until completion of the Project construction contract, or until GCB 2476, Renton Design-Build Cooperative agreement, is terminated pursuant to the termination clauses of that agreement, whichever occurs earlier. GCB 2433 City of Renton Project Coordinator Page 5 of 6 , 14.0 SEVERABILITY 14.1 If any provision of this Agreement, or any provision of any document incorporated by reference, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 15.0 TERMINATION 15.1 This Agreement may be terminated by either Party upon thirty (30) calendar days advanced written notice to the other Party. WSDOT shall be responsible for reimbursing the CITY for all hours worked by the CITY Project Coordinator under the terms of this Agreement prior to the date of termination. WSDOT shall not be responsible for reimbursing the CITY for any hours worked by the CITY Project Coordinator after the date of termination of this Agreement, even if that work is directly related to the Project. 16.0 VENUE 16.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceeding shall be brought in the superior court situated in Thurston County, Washington. It is further agreed that each Party shall be solely responsible for its own costs and attorneys fees. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the latest written date below: City of Renton Washington State Department of Transportation Signatu : Sign e: ell- c — Printed: Denis Law Printed: Kim Henry Title: Mayor Title: I-405/SR 167 rogram Admin or Date: a/7/1" Date: Approved as to Form ppr ed'as to Form PP Washington State City of Renton Depa ent ► , -nsportation Signature: Signature: Printed: K(A.- �- <`��,�%ix..t-1 Prin d. L. `colt Lockwood Title: City Attorney Title: Assi ant Attorney General Date: .3 \,,r,wwIlinr,,,, —Z--1. �,,,, RE Date: /- ir" z d I, s4„ ,.... ���., r``„,,,A,li,,,„r„0+ test: Sign ure: c;'_' =; Printed: Jason Seth, City Clerk k .,,.. -, . .s _ Date: /( ' .«; .,: le ,-,..- i z 3/7//5 r� ''°,, OR.4TED 5`"e•.•' GCB 2433 City of Renton Project Coordinator Page 6 of 6 RESOLUTION NO. EXHIBIT "A" GCB 2433 DESIGN-BUILD COORDINATOR AGREEMENT CITY OF RENTON I-405 - RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES PROJECT 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ("WSDOT") ENTITLED "GCB 2433 DESIGN-BUILD COORDINATOR AGREEMENT CITY OF RENTON I-405 — RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES PROJECT." WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, WSDOT, in the interest of providing congestion relief in the 1-405 Corridor, proposes improvements along 1-405 in a project known as the 1-405, Renton to Bellevue Widening and Express Toll Lanes project ("Project"); and WHEREAS, WSDOT will construct the Project using the design-build method of project delivery; and WHEREAS, the design-build method of project delivery moves faster than in the typical design-bid-build method of project delivery; therefore, expedited City review of the design elements will be required; and WHEREAS, the City does not have sufficient staff resources for the review and coordination of the Project design elements within the expedited time frames of this Project without retaining a City project coordinator; and WHEREAS, the City and WSDOT deem it beneficial to have a City project coordinator to serve as a liaison for the City to coordinate and expedite review of Project submittals; and 1 RESOLUTION NO. WHEREAS, WSDOT is committed to reimburse the City for costs that are directly related to services rendered solely for the Project by a City project coordinator; and WHEREAS, the City and WSDOT intend on simultaneously entering into an interlocal agreement to define their respective roles related to the design and construction of the project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with WSDOT entitled "GCB 2433 Design-Build Coordinator Agreement City of Renton 1-405— Renton to Bellevue Widening and Express Toll Lanes Project," attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this day of , 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney RES:1796:1/2/19:scr 2